Interpretation
2.—(1) In these Regulations, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—
“accrued pension” in relation to a pensionable officer who has suffered loss of office, means
“accrued retiring allowance” in relation to a pensionable officer who has suffered loss of office means
“accrued incapacity pension” and “accrued incapacity retiring allowance”
“the Act of 1933” means
“the Act of 1958” means
“the Act of 1964” means
“added years” in relation to a contributory employee or local Act contributor who suffers loss of office, means
“additional contributory payments” means
additional contributory payments of the kind referred to in section 2(3) and (4) of the Local Government Superannuation Act 1953; or
any similar payments made under a local Act scheme as a condition of reckoning any period of office as service or as a period of contribution for the purposes of the scheme, or, where the scheme provides for the reckoning of non-contributing service, as contributing service for the purposes of the scheme; or
any payments made for the purpose of increasing the length at which any period of service or of contribution would be reckonable for the purpose of calculating a benefit under a local Act scheme; or
any payments similar to any of those mentioned in the foregoing sub-paragraphs made in pursuance of rules made under section 2 of the Superannuation (Miscellaneous Provisions) Act 1948;
“contributory employee” and “local Act contributor”
“determining authority” means
in relation to an officer who after being transferred from one authority to another authority under the Act of 1933, the Act of 1958 or the Act of 1964, as the case may be, has suffered loss of office or loss or diminution of emoluments—
where the office in respect of which a claim arises was that of clerk of the peace or deputy clerk of the peace for any borough, the paying authority;
where the office in respect of which a claim arises was that of clerk of the peace or deputy clerk of the peace for any county or for one of the London commission areas or a justices' clerk, the authority under whom the officer was last employed prior to the loss or diminution;
where the office in respect of which a claim arises consisted of assisting a holder of the office of clerk of the peace or deputy clerk of the peace for any county in the performance of the duties of his office and was in the service of the council of that county, the paying authority;
where the office in respect of which a claim arises consisted of assisting a holder of the office of clerk of the peace, deputy clerk of the peace or justices' clerk in the performance of the duties of his office but was not employment falling within sub-paragraph (iii) of this paragraph, the authority which would be the determining authority if the claim were in respect of that office;
in any other case, the paying authority;
in relation to an officer not transferred as aforesaid who has suffered loss of office or loss or diminution of emoluments, such authority as is mentioned in paragraph (a) of this definition with respect to the office concerned or, if that authority has ceased to exist, such other authority as the Secretary of State may determine;
“emoluments” means
“net emoluments” means
in relation to an office which has been lost or in which an officer has suffered a diminution of emoluments, the annual rate of the emoluments of that office immediately before such loss or diminution, less such part of those emoluments as the officer was then liable to contribute under any pension scheme associated with his office, except any periodical sum payable in respect of additional contributory payments;
in relation to any other office, the annual rate of the emoluments of that office at the time in question, less such part of those emoluments as the officer was then liable to contribute under any pension scheme associated with his office:
“justices' clerk”
“local authority” means
“London commission areas”
“long-term compensation” means
“material date” in relation to any person who has suffered loss of office or loss or diminution of emoluments means
where the loss or diminution is attributable to any provision of the Act of 1964, 1st April 1965;
where the loss or diminution is attributable to the provisions of any order or scheme made under Part VI of the Act of 1933 or of any order made under Part II of the Act of 1958 or of any instrument made under the Act of 1964, the date on which the order, scheme or instrument was made, or such other date or dates as may be specified therein for all or any of the purposes of these Regulations; and
where the loss or diminution is attributable to the fact of the clerk of a county council's becoming or, as the case may be, ceasing to be clerk of the peace for the county, the date on which that fact occurred;
“minimum pensionable age” means
“national service” means
in the case of a person whose last relevant employment was as a clerk of the peace, deputy clerk of the peace or justices' clerk, of the authority by whom he was appointed, or
in the case of any other person, of the authority or person under whom he held his last relevant employment;
“normal retiring age” means
in relation to a person claiming compensation in respect of the office of justices' clerk, the age of seventy years, and
in relation to any other person, the age of sixty-five years if the officer is a male, or sixty years if the officer is a female;
“office”
“paying authority” means
in relation to an officer who after being transferred from the service of one authority to the service of another authority under the Act of 1933, the Act of 1958 or the Act of 1964, as the case may be, has suffered loss of office or loss or diminution of emoluments—
where the office in respect of which a claim arises was that of clerk of the peace, deputy clerk of the peace for any county or one of the London commission areas or justices' clerk, the authority by whom the officer's emoluments were last paid prior to the loss or diminution;
where the office in respect of which a claim arises was that of deputy clerk of the peace for any borough, the authority which would be the paying authority if the claim were in respect of the office of clerk of the peace for that borough;
where the office in respect of which a claim arises consisted of assisting a holder of the office of clerk of the peace, deputy clerk of the peace or justices' clerk, the authority which would be the paying authority if the claim were in respect of that office; and
in any other case, the authority by whom the officer's emolument were last paid prior to the loss or diminution; and
in relation to an officer not transferred as aforesaid who suffers loss of office or loss or diminution of emoluments, such authority as is mentioned in paragraph (a) of this definition with respect to the office concerned or, if that authority has ceased to exist, such other authority as the Secretary of State may determine;
“pensionable officer” in relation to an officer who has suffered loss of office or loss or diminution of emoluments, means
“pension scheme” means
“reckonable service” in relation to a person means
“relevant employment” means
clerk of the peace,
deputy clerk of the peace,
justices' clerk,
employment in assisting the holder of an office mentioned in any of the foregoing paragraphs of this definition in the performance of the duties of that office,
service as collecting officer or in the employment of a collecting officer,
employment under the Crown or in the service of a local authority in Great Britain,
employment by any authority or body for the purposes of the Crown or of local government in Great Britain,
employment under any officer employed as mentioned in paragraph (f) or (g) of this definition for the purposes of the functions of the employing authority or body,
employment preceding any of the foregoing offices or employments which was reckonable for the purposes of any pension scheme associated with the office which has been lost, or
such other employment as the Secretary of State may, in the case of any named officer, approve;
“resettlement compensation” means
“retirement compensation” means
“tribunal” means
“war service” means
(2) In relation to a justices' clerk who before the coming into operation of section 19 of the Justices of the Peace Act 1949 was a collecting officer of any court, any emoluments in respect of his services as collecting officer shall, for the purposes of these Regulations, be treated as emoluments in respect of the duties of the clerkship and his duties as clerk shall, for the said purposes, be treated as including his services as collecting officer.
(3) Where under any provision of these Regulations an annual value is to be assigned to a capital sum or a capital value to an annual amount, the annual or capital value shall be ascertained in accordance with tables for the time being approved by the Secretary of State for the purposes of these Regulations.
(4) The holder of the office of clerk of the peace, deputy clerk of the peace or justices' clerk shall, for the purposes of these Regulations, be regarded as employed in that office, and the expression “employment” shall be construed accordingly.
(5) Unless the context otherwise requires, references in these Regulations to the provisions of any enactment, rule, regulation, order or scheme shall be construed as references to those provisions as amended or re-enacted by any subsequent enactment, rule, regulation, order or scheme.
(6) The Interpretation Act 1889 shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.
(1954 II, p. 1595).